Person acquitted on ground of unsoundness of mind to be detained in safe custody
Section 374 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with person acquitted on ground of unsoundness of mind to be detained in safe custody. Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,--- (a) order such person to be detained in safe custody in such pl The Act came into force on 01 Jul 2024.
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,---
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of subsection (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall---
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).
Section 374, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 335 Person acquitted on such ground to be detained in safe custody Text carried over almost unchanged 86%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pushparajan @ Pushpan vs State of Kerala
Decided under Code of Criminal Procedure 335, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is acquitted on grounds of insanity under Section 84 I.P.C., the Sessions Court must comply with Section 335 Cr.P.C. by: (1) Directing detention in safe custody in a mental health centre subject to a relative or friend making an application and volunteering security; (2) Reporting to the Government the action taken under Section 335(1) Cr.P.C.; and (3) Providing a clear pathway for release to a relative or friend willing to offer security under Section 335(3) Cr.P.C. Failure to comply with these procedural requirements renders the detention order defective and subject to quashing by the High Court under Section 482 Cr.P.C.
On this section: Critical provision for detention of acquitted persons on grounds of insanity. The court held that Section 335(3) requires that custody be handed over to a relative or friend willing to offer security, and Section 335(1) requires the Sessions Judge to report to Government. The original judgment failed to comply with these requirements.
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C. G. Electricity Power Distribution Company LTD vs Basant Singh
Decided under Code of Criminal Procedure 335, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused person repeatedly fails to appear before the court despite multiple summons issued through various methods over an extended period, and there is evidence suggesting the accused has knowledge of the proceedings but is deliberately absenting himself, the court may declare the accused a fugitive under Section 299 Cr.P.C. and Section 335 Cr.P.C., thereby authorizing the issuance of a permanent warrant for arrest.
On this section: Procedural provision cited in conjunction with Section 299 to formalize the fugitive status and authorize issuance of permanent warrant
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 374
What have the courts held on Section 374 of the Bharatiya Nagarik Suraksha Sanhita?
Pushparajan @ Pushpan vs State of Kerala (07 Apr 2008) is the leading judgment on this section among those set out below, though it was decided under CRPC 335, which this section replaced -- the court never mentioned this Act: Critical provision for detention of acquitted persons on grounds of insanity. The court held that Section 335(3) requires that custody be handed over to a relative or friend willing to offer security, and Section 335(1) requires the Sessions Judge to report to Government. The original judgment failed to comply with these requirements. Another 1 judgment on this section is set out below. They run from 2008 to 2026.
How do I find court cases under Section 374 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 374, section 374 BNSS, section 374 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 374 2 in hindi and crpc 374 bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Pushparajan @ Pushpan vs State of Kerala (07 Apr 2008).
What should I read with Section 374 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 335 (Person acquitted on such ground to be detained in safe custody), so the judgments decided under that provision are the case law on this one.
When did Section 374 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 374 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 374, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.